Judgment

( 1 ) PUNCHHI,j. :- This appealis directed against the judgment and order dated 26-3-1981 of the High Court of Punjab and Haryana in Criminal Appeal No. 1289 of 1979 whereby the acquittal of the appellant was set aside and his conviction recorded under Section 302/ 34, IPC for which he was sentenced to life imprisonment and to pay a fine of Rs. 2000. 00 in default whereof further rigorous imprisonment for six months. Besides, conviction was also recorded under Section 449, IPC and under Section 326/34, IPC for which he was sentenced to rigorous imprisonment for four years and three years, respectively, and to pay fine of Rs. 500 and 200/ - respectively with default sentences. The sentences were ordered to run concurrently and the entire fine was ordered to be paid to Jaswinder Kaur, the widow of the deceased.

( 2 ) THE appellant was in military service. On the day of occurrence, that is, on 13-5-78 he was in his village, Tut Sher Singh. The prosecution case is that on that day at 10. 30 p. m. he along with his brothers Gurmit Singh and Mohan Singh and two others Sukhraj Pal Singh alias Laddi and -Kulwant Singh alias Kanti of another village scaled over the wall of the house